The United States offers many career opportunities for foreign nationals. If you are not a U.S. citizen or lawful permanent resident and want to work in the country, you generally need the correct visa classification or another form of employment authorization. The process depends on whether you are applying for a temporary worker visa or an employment-based immigrant visa.
In limited cases, citizens or nationals of Visa Waiver Program countries may travel to the United States without a visitor visa for tourism or business for stays of 90 days or less, but they must have a valid ESTA approval and cannot use the program to take up U.S. employment. You can check the Visa Waiver Program section on the Department of State website to learn more. For now, here’s a practical step-by-step guide on how to apply for an employment-based immigrant visa to help you pursue your career in the U.S.
Steps to Apply for a U.S. Work Visa
Step 1. Secure Your Eligibility
In most employment-based immigrant visa cases, a U.S. employer must first complete any required labor certification process and file an Immigrant Petition for Alien Workers, Form I-140, with U.S. Citizenship and Immigration Services (USCIS). Some applicants may self-petition, including certain EB-1 applicants with extraordinary ability and certain EB-2 applicants requesting a national interest waiver. EB-5 immigrant investors follow a separate investor petition process. Only after the required petition is approved, and when a visa number is available, can you continue with the immigrant visa application process.
Step 2. Start the National Visa Center Processing
After USCIS approves the petition, the case is sent to the National Visa Center, or NVC. NVC assigns a case number and begins pre-processing when the applicant’s priority date is current. You will receive instructions on using the Consular Electronic Application Center (CEAC), where you can pay the required fees, complete the online visa application, and submit required documents. Current Department of State visa fee information is available on the official list of visa fees.
Step 3. Your Employer Settles Affidavit of Support
Follow the NVC instructions carefully to determine whether an Affidavit of Support is required in your case. Form I-864 is not required for every employment-based immigrant visa. However, it may be required in certain employment-based cases, such as when a relative filed the petition or when a relative has a significant ownership interest in the petitioning business. If NVC requires this form, the sponsor must submit financial documents and supporting evidence.
When an Affidavit of Support is required, the sponsor accepts legal financial responsibility for the applicant according to U.S. immigration rules. If it is not required, follow NVC’s instructions for explaining why the form does not apply to your case.
Step 4. Complete the Online Visa Application
For an employment-based immigrant visa, you must complete the Application for Immigrant Visa and Alien Registration, or Form DS-260, through CEAC. Print the confirmation page after submission and bring it to your visa interview. If eligible family members are immigrating with you, each person must complete a separate DS-260. Review your information carefully before submitting the form to avoid delays.
Step 5. Collect and Submit Your Documents
Next, collect the required civil documents, such as birth certificates, marriage certificates, divorce records, court records, military records, and police certificates, as applicable. These documents must come from the official issuing authority in your country. Any document not written in English, or in the official language of the country where you will be interviewed, must generally be accompanied by a certified translation. Upload the required documents to CEAC if instructed to do so by NVC.
Submit only the documents requested by NVC and the U.S. embassy or consulate handling your case. After the required fees, forms, and documents are submitted, NVC will review the case and, when it is complete and an interview slot is available, schedule your immigrant visa interview.
Step 6. Prepare for the Interview
Once your interview is scheduled, review the instructions from the U.S. embassy or consulate where you will be interviewed. Before the interview, complete any required medical examination and vaccinations with an embassy-approved panel physician. The medical results may be given to you in a sealed envelope or sent directly to the U.S. embassy or consulate, depending on local procedures.
Step 7. Attend the Interview
On the day of your appointment, bring your appointment letter, passport, required photographs, DS-260 confirmation page, original or certified copies of civil documents, and any other documents requested by the U.S. embassy or consulate. A consular officer will interview you to determine whether you qualify for the visa. Ink-free digital fingerprint scans are usually taken during the interview, although procedures can vary by location.
You can track your application status through CEAC. If your immigrant visa is approved, check the visa information in your passport for errors. You must arrive in the United States and apply for admission no later than the visa expiration date. An immigrant visa is usually valid for up to six months from the date of issuance, unless your medical examination expires earlier. A visa does not guarantee entry; U.S. Customs and Border Protection makes the final admission decision at the port of entry.
Documents Needed for a U.S. Work Visa
Employment-based immigrant visas are divided into five main preference categories. Each category has its own petition, labor certification, evidence, and documentation requirements. In general, applicants should expect to provide the required visa application forms, a valid passport, photographs, civil documents, medical examination records, fee payment evidence, and category-specific employment or investment documents.
| EMPLOYMENT-BASED VISAS |
|---|
| VISA TYPE | BASIC REQUIREMENTS | ADDITIONAL REQUIREMENTS |
| EB-1 | • Online immigrant visa application, Form DS-260
• Passport valid for at least six months beyond the intended date of entry, unless exempt by country-specific rules
• Two color photographs that meet Department of State requirements
• Civil documents required for your country and case type
• Required English translations, when applicable
• Medical examination and vaccination records from an approved panel physician
• Proof of payment of required visa fees
• Approved petition or other required category-specific approval
• Any additional documents requested by NVC or the U.S. embassy or consulate | Persons with extraordinary ability
○ Extensive documentation showing sustained national or international acclaim in the sciences, arts, education, business, or athletics
○ No specific job offer is required if the applicant will continue working in the field of extraordinary ability
Outstanding professors and researchers
○ At least three years of experience in teaching or research
○ International recognition
○ Job offer for a tenure, tenure-track, or comparable research position
Multinational executives and managers
○ Qualifying managerial or executive employment abroad
○ Job offer for a managerial or executive position in the United States |
| EB-2 | Professionals with advanced degrees
○ Advanced degree, or a baccalaureate degree plus at least five years of progressive experience in the profession
○ Job offer and labor certification, unless waived
Persons with exceptional ability
○ Evidence of expertise significantly above that ordinarily encountered in the sciences, arts, or business
○ Job offer and labor certification, unless waived
National Interest Waiver
○ Certain applicants may request a waiver of the job offer and labor certification requirements if the work is in the national interest |
| EB-3 | Skilled workers
○ Job requiring at least two years of training or work experience and not temporary or seasonal
Professionals
○ Job requiring at least a U.S. baccalaureate degree or foreign equivalent
Other workers
○ Ability to perform unskilled labor requiring less than two years of training or experience and not temporary or seasonal
○ EB-3 applicants generally require an approved Form I-140 filed by the employer and labor certification approved by the Department of Labor |
| EB-4 | • Certain special immigrants, such as certain religious workers, special immigrant juveniles, certain broadcasters, certain U.S. government employees abroad, and other qualifying groups
• Approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360, unless a specific exception applies
• Labor certification is not required for EB-4 |
| EB-5 | Immigrant investors
○ Investment in a new commercial enterprise that creates jobs
○ Minimum investment amount depends on whether the investment is in a targeted employment area, infrastructure project, or standard area
○ Follow the current USCIS EB-5 petition and evidence requirements |
Several temporary nonimmigrant visa classifications also allow employment in the United States, including categories such as H, L, O, P, Q, R, certain E classifications, TN, and some student-related employment categories. These are different from employment-based immigrant visas. Temporary worker visa applicants generally complete Form DS-160, follow the instructions of the U.S. embassy or consulate where they apply, and provide documents specific to their visa category.
If you are already in the United States and your current status does not automatically authorize employment, you may not work unless you qualify for employment authorization under U.S. immigration rules. Eligible applicants request employment authorization from USCIS by filing Form I-765, Application for Employment Authorization. This form is filed with USCIS, not with the Department of State.
Working in the United States can offer career progression, professional exposure, and valuable opportunities. However, legal employment requires the correct visa classification or employment authorization. Review the official instructions for your specific category before applying so you can prepare the right petition, forms, fees, and documents.
We hope this article on getting a work visa in the USA was helpful! If you’re interested in learning more about studying in the U.S. and other countries, feel free to check out the Study in the USA and the Available Programs for International Students!
